Can you still visit the USA on an esta if your K1 is denied?

[yellowtowo9 3]

If someone's K1 was denied due to past mental health issues, could they still visit the USA on an esta visa?

[Boiler 43,636]

They would need to reapply and see.

[HRQX 4,145]

47 minutes ago, yellowtowo9 said:

could they still visit the USA on an esta visa?

Would have to reapply for ESTA: https://www.cbp.gov/travel/international-visitors/frequently-asked-questions-about-visa-waiver-program-vwp-and-electronic-system-travel

Does a traveler ever need to reapply for travel authorization through ESTA?

Yes, a new travel authorization via ESTA is required when: (1) the traveler is issued a new passport; (2) the traveler changes his or her name; (3) the traveler changes his or her gender; (4) the traveler’s country of citizenship changes; or (5) the circumstances underlying the traveler’s previous responses to any of the ESTA application questions requiring a “yes” or “no” response have changed.

ESTA approvals are typically granted for a two–year period or until the applicant’s passport expires, whichever is sooner. ESTA provides validity dates upon approval of the application. Therefore, a traveler must apply for a new ESTA when the prior ESTA approval or passport expires. The associated fee will be charged for each new application submitted.

The new ESTA application will most likely be denied because of the "yes" answers to the following questions:

• Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?
• Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases (communicable diseases are specified pursuant to section 361(b) of the Public Health Service Act): Cholera, Diphtheria, Tuberculosis infectious, Plague, Smallpox, Yellow Fever, Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, Crimean-Congo, Severe acute respiratory illnesses capable of transmission to other persons and likely to cause mortality.

Edited March 5, 2021 by HRQX

[aaron2020 11,651]

Once a visa has been denied, the person must reapply for ESTA.  With a denied visa, it's unlikely that ESTA will be approved.  

[JFH 12,189]

Without applying you’ll never know. I’d say your chances are slim. Being denied a K-1 based on mental health issues suggests the issues were pretty serious. 

[JFH 12,189]

Looking at your past posts, I’m surprised that you have bern denied. Or have you not been interviewed yet and you are just assuming you will be denied? It seems you had a few minor incidents in the past, several years ago. 

[yellowtowo9 3]

4 hours ago, JFH said:

Looking at your past posts, I’m surprised that you have bern denied. Or have you not been interviewed yet and you are just assuming you will be denied? It seems you had a few minor incidents in the past, several years ago. 

i haven't been denied. my interview is 23rd march, however i just have a really bad feeling. like i truly didnt think id be denied until i had the medical, and i forgot about my self harm so i didn't include it in the questionaire they gave me. and then the medical examiner saw then after a close inspection (theyre very faint). i wonder if this will come across as lying? and be a reason i could be denied too? i also said i was mentally well and have never had/ don't have a mental illness as to my knowledge i have only actually been diagnosed with ADD and i thought that was a learning disability. i did email after my medical exam and ask to include these things on my medical and gave explanations behind them. All these things occured as a child/ teenager so i genuinely forgot. I have never considered myself mentally unwell or been treated longterm or anything.

[Wuozopo 4,285]

5 hours ago, yellowtowo9 said:

i haven't been denied. my interview is 23rd march, however i just have a really bad feeling. like i truly didnt think id be denied until i had the medical, and i forgot about my self harm so i didn't include it in the questionaire they gave me. and then the medical examiner saw then after a close inspection (theyre very faint). i wonder if this will come across as lying? and be a reason i could be denied too? i also said i was mentally well and have never had/ don't have a mental illness as to my knowledge i have only actually been diagnosed with ADD and i thought that was a learning disability. i did email after my medical exam and ask to include these things on my medical and gave explanations behind them. All these things occured as a child/ teenager so i genuinely forgot. I have never considered myself mentally unwell or been treated longterm or anything.

What you needed to take to your medical was a letter from your current GP stating that you are “not a threat to yourself or others” (the magic words) and anything else he wanted to offer about your mental health. They want to hear that from a medical professional who knows you, not your own opinion of your mental health history. I’ve known several going through London with self-harm scars who were cleared for a visa.

 

And yes, I think you likely came off as lying. Who forgets an incident that leaves scars years after the incident?  If your medical report has already gone to the embassy, there’s not really a fix I can see, but perhaps there’s more to the story. Surely the medical people gave you an opportunity to supply more information from you GP  before submitting your report to the embassy.

Edited March 5, 2021 by Wuozopo

[Nicola and Jordan 668]

5 hours ago, yellowtowo9 said:

i haven't been denied. my interview is 23rd march, however i just have a really bad feeling. like i truly didnt think id be denied until i had the medical, and i forgot about my self harm so i didn't include it in the questionaire they gave me. and then the medical examiner saw then after a close inspection (theyre very faint). i wonder if this will come across as lying? and be a reason i could be denied too? i also said i was mentally well and have never had/ don't have a mental illness as to my knowledge i have only actually been diagnosed with ADD and i thought that was a learning disability. i did email after my medical exam and ask to include these things on my medical and gave explanations behind them. All these things occured as a child/ teenager so i genuinely forgot. I have never considered myself mentally unwell or been treated longterm or anything.

I attempted an over dose years ago which I declared at my medical. I had to get a letter from my GP to say I will not harm myself or others and send that to the medical center before they would send it to the embassy. It all worked out fine for me and it hasn't been bought up since. I can't help with the lying about it dilemma though sorry. Just for future reference, ALWAYS be truthful to immigration no matter how you feel about it or it will come back and bite you in the future. They have seen it all I'm sure so don't be embarrassed. 

[Kel_H 41]

Maybe if you get that letter from your GP and take it to the interview it could help.

[Wuozopo 4,285]

32 minutes ago, Kel_H said:

Maybe if you get that letter from your GP and take it to the interview it could help.

The interviewing officer does not make medical decisions based on new information. They don’t have medical degrees. They contract doctors to do the medical report for a reason. Perhaps the report does not classify the applicant with mental health disqualification. He is just guessing right now.

Edited March 5, 2021 by Wuozopo

[Duke & Marie 1,389]

If  k1 was denied, then you’ll have to reapply for ESTA/VWP... if that fails then you would try for B2,

Note, A B2 may too be denied because of a denied K1.. but it’s worth a try... failing that then CR1 would be the next option 

Edited March 5, 2021 by Duke & Marie

[yellowtowo9 3]

2 hours ago, Wuozopo said:

What you needed to take to your medical was a letter from your current GP stating that you are “not a threat to yourself or others” (the magic words) and anything else he wanted to offer about your mental health. They want to hear that from a medical professional who knows you, not your own opinion of your mental health history. I’ve known several going through London with self-harm scars who were cleared for a visa.

 

And yes, I think you likely came off as lying. Who forgets an incident that leaves scars years after the incident?  If your medical report has already gone to the embassy, there’s not really a fix I can see, but perhaps there’s more to the story. Surely the medical people gave you an opportunity to supply more information from you GP  before submitting your report to the embassy.

the medical is not yet sent off to the embassy, as they have requested my medical reports from my GP. my gp is very rude and has told me by requesting these things such as a letter, that i am wasting nhs resources. I also have had a chance to email the medical examiners and ask to add additional information onto my medical report such as the add diagnosis. 

[yoda one for me 321]

5 minutes ago, yellowtowo9 said:

the medical is not yet sent off to the embassy, as they have requested my medical reports from my GP. my gp is very rude and has told me by requesting these things such as a letter, that i am wasting nhs resources. I also have had a chance to email the medical examiners and ask to add additional information onto my medical report such as the add diagnosis. 

This is absolutely not a waste of resources! Your GP surgery should have a procedure for requesting official doctor's letters - there was a small 10 GBP charge for me to have one made up from my GP surgery - i went through the reception staff for this, not the GP themself though. What I did was write a letter asking them to review my records and write a letter confirming that i was not a danger to myself or others and that I was not currently in treatment for anything etc. It took about a week before they called to say I could pick it up. This is absolutely a service that your GP surgery will provide - this is not an unusual request at all and if they refuse you should submit a formal complaint to the practice manager.

 

Did you take your patient record to the medical? Are they requesting full records from your GP in addition to that? 

[yellowtowo9 3]

2 minutes ago, yoda one for me said:

This is absolutely not a waste of resources! Your GP surgery should have a procedure for requesting official doctor's letters - there was a small 10 GBP charge for me to have one made up from my GP surgery - i went through the reception staff for this, not the GP themself though. What I did was write a letter asking them to review my records and write a letter confirming that i was not a danger to myself or others and that I was not currently in treatment for anything etc. It took about a week before they called to say I could pick it up. This is absolutely a service that your GP surgery will provide - this is not an unusual request at all and if they refuse you should submit a formal complaint to the practice manager.

 

Did you take your patient record to the medical? Are they requesting full records from your GP in addition to that? 

i know its awful but its too late to change GP or anything unfortunately. so basically i requested my records a month in advance, they didnt get them to me until it was too late so i had no records at the medical. i informed the medical examiner about this and she is now requesting my records from them directly herself.